'I would prefer not to.' Religion and refusal to serve
Now and then, in the haste of business, it had been my habit to assist in comparing some brief document myself, calling Turkey or Nippers for this purpose. One object I had, in placing Bartleby so handy to me behind the screen, was, to avail myself of his services on such trivial occasions. In was on the third day, I think, of his being with me... that, being much hurried to complete a small affair I had in hand, I abruptly called to Bartleby. In my haste and natural expectancy of instant compliance, I sat with my head bent over the original on my desk...
In this very attitude did I sit when I called to him, rapidly stating what it was I wanted him to do—namely, to examine a small paper with me. Imagine my surprise, nay, my consternation, when, without moving from his privacy, Bartleby, in a singularly mild, firm voice, replied, 'I would prefer not to.'
—Herman Melville, "Bartleby"
Melville's tale of the calm, cryptic—and ultimately doomed—scrivener is a story about religion and refusal. So is, in a different way, the narrative prompting the recent event in Arizona. On Thursday, the legislature sent a bill to Gov. Jan Brewer that, if she signs it, would make it legal for businesses to refuse service to gays and lesbians on religious grounds.
In Melville's tale, Bartleby's employer struggles with his conscience about how to handle the strange man whom he hires as law clerk. Although the narrator is perturbed by Bartleby's refusals to perform certain mundane tasks of the job, he finds other aspects of his character that he likes, and overall he is too busy to let the strange matter dominate his thoughts. However, the issue becomes more serious when the narrator discovers that Bartleby is not just around at all hours because of his commitment, but because he has been living at the offices. But his initial reaction of shock and suspicion is tempered by what can only be termed a kind of religious compassion. He feels sorry for Bartleby.
Think of it. Of a Sunday, Wall Street is deserted as Petra; and every night of every day is an emptiness. This building, too, which of weekdays hums with industry and life, at nightfall echoes with sheer vacancy, and all through Sunday is forlorn. [...]
For the first time in my life a feeling of over-powering stinging melancholy seized me. Before, I had never experienced aught but a not unpleasing sadness. The bond of a common humanity now drew me irresistibly to gloom. A fraternal melancholy! For both I and Bartleby were sons of Adam.
Despite the escalation in Bartleby's insubordination—soon after this, he refuses to work altogether—the narrator reconciles himself to Bartleby's presence, despite knowing nothing about the man's history or the man's motives. He has compassion for Bartleby despite the fact that "he had now become a millstone to me, not only useless as a necklace, but afflictive to bear." Yes, he is angry that he cannot persuade or bribe Bartleby to leave. But he is able to throw of his resentment. "How? Why, simply by recalling the divine injunction: 'A new commandment give I unto you, that ye love one another. Yes, this it was that saved me."
Indeed, the narrator exudes the idea that the essence of religious feeling is to use compassion to tolerate what one might prefer (the verb at the heart of the story) to wish away, or to force away.
Gradually I slid into the persuasion that these troubles of mine, touching the scrivener, had been all predestinated from eternity, and Bartleby was billeted upon me for some mysterious purpose of an allwise Providence, which it was not for a mere mortal like me to fathom. Yes, Bartleby, stay there behind your screen, thought I; I shall persecute you no more; you are harmless and noiseless as any of these old chairs; in short, I never so private as when I know you are here. At last, I see it, I feel it; I penetrate to the predestinated purpose of my life. I am content. Others may have loftier parts to enact; but my mission in this world, Bartleby, is to furnish you with office-room for such period as you may see fit to remain.
But the narrator balks under the reaction of his professional friends, who cannot understand what the man is doing there if he does not actually work. And so the narrator first moves offices, and then—when Bartleby still refuses to leave the original rooms, despite the narrator's offer to take him into his dwelling—takes a trip out of town in fear that he will be further involved in the matter. When he returns, he discovers that Bartleby has been taken to prison as a vagrant.
The narrator goes to visit him, but the die has been cast. Bartleby refuses to speak to him. The narrator is pained by the implication that it is his fault he is here. He provides the 'grub-man' with money for Bartleby's food, but it is of no use. A few days later, when the narrator returns, Bartleby is dead.
If the story begins about the expectations of an employer of his employee, it ends on a much wider scope: "Ah, Bartleby! Ah, humanity!" goes the last line. Although I'm sure there are many ways one could read the story, the interpretation that came into my mind when I was reading the news out of Arizona this week is the following: "Bartleby" expresses the sentiment that neither the human the relationships defined by the free market nor those defined by the law can fully account for what one man owes another. The simple reason is that what we owe one another as human beings exceeds what is established as reasonable in either of those spheres.
Put simply, it is a tale of Christian charity in the original sense of the word, i.e., that relating to the attitude of Jesus. The narrator understands that it is his obligation as a son of Adam, i.e., a human being, not to persecute Bartleby— despite Bartleby's inexplicable preference not to conform to the entirely reasonable expectations of his employer. Indeed, the narrator had the right to dismiss Bartleby for his refusal to perform the tasks demanded to him, and he does not. Later, he would have had the legal grounds to have him forcibly removed from his offices, but he does not. He suffers Bartleby out of what he understands as a religious obligation. It is a rare and marvelous decision, the narrator's, and the fact that he cannot sustain this attitude takes nothing away from its marvelousness; rather, it is only a testament to the fact that none of us are perfect.
Seen from this perspective, those who 'would prefer not to' serve gays and lesbians on the grounds that their 'Christian' faith demands it seems downright ridiculous; it seems to turn the powerful value of Christian forbearance and charity on its head in the ugliest possible way. (I can see the "Who Would Jesus Serve?" bumper stickers right now.) As I understand it, at the heart of Christianity, by which I mean at the heart of the New Testament, is the idea of inclusion, the tearing down of the barriers that had resulted from God's first effort at bringing his Law to mankind, namely, the establishment of the 'chosen people' of Israel. Jesus was God's vehicle for staying two things. First, my religion is not just words, it is people. Second, you are all My children. With these two precepts, it is clear that the whole of Christianity is (or should be) based on the concept of non-refusal. Its exercise should be the conscious effort to bring all of us into a brotherhood of man.
Of course, whether this anti-gay stance is truly Christian is not the issue. This is America, where we can practice whatever faith we like, or none at all. We are guaranteed two essential freedoms with respect to religion. First, we are free to worship any way we see fit (or not at all). Second, we are free from any state-sponsored religion.
But these protections do not override civil law; religion is not a magical 'I can do whatever I want because it's what I believe' card. When there is a compelling state interest (the state being understood here in the sense of the collective, i.e., all of us), these civil laws can compel people to act in the civic sphere according to policies that contradict their beliefs. No court in the land would accept a religiously-motivated defense for terrorism, murder, or the severe beating of a child.
That is not to say that the state does not consider a person's religious convictions in the context of compelling civil duties. The Selective Service Act of 1940 exempted from combat duty individuals professing religious opposition to war. But courts have found that religious belief does not grant an unlimited excuse not to perform certain duties mandated by civil society (law): Christian Scientist parents have been convicted of manslaughter when they—following their religious beliefs—did not seek medical care for their sick children.
In this case, too, the civil mandate that businesses not discriminate trumps any religious objections. A carve-out for business owners who feel a religious need to discriminate against classes protected by civil law is not necessary simply because there is no compulsion to enter the market. If your religion commands you not to treat blacks and whites equally on buses, or make cakes only for straight Christian couples, your recourse is to go out of that business. Once you enter the marketplace, you are obligated to obey the civil laws governing conduct in that sphere. Put another way, the state gives you the right to enter the marketplace, but not the right to alter the rules that govern the marketplace in accordance with the bubble-world of your own morality.
This doesn't mean that businesses cannot promote religion. You can open a Christian bookstore, or even a Christian bake shop. You can run a business according to your traditions and values—look at the Pennsylvania Dutch markets in the northeast. Those markets are a great example of how a religious community that maintains itself apart from modern society can nonetheless interact in the larger commercial sphere without compromising its values. The vast majority of people who buy those products do not live their lives in way the Amish consider proper. But the Amish do not require that of their customers; they understand, like the anti-gay Christians in Arizona need to, that the proper activity of a business owner is not approving but selling. To think otherwise is to confuse the spheres of the marketplace and the free exchange of ideas.
But this confusion seems to be spreading like wildfire these days. Remember the Chic-fil-A brouhaha, where support or boycotting of the Christian-values-focused fast food restaurant became a litmus test of your political stance on gay rights? While I may not like the idea of people using my money to promote policies with which I disagree, it is absolute foolishness to believe that the condition for my market participation (or anyone else's) is the seller's complete agreement with my political, moral, or religious values. For one, such a condition would make it impossible for any of us to by anything; second, none of this "don't shop there because of this or that" agitation is going to prevent people with lots of money from using it to forward their political viewpoints.
The precise point of capitalism is to render these distinctions moot for the sake of the transactions themselves. While certainly this profit-centeredness can introduce moral blindness (look at the appalling way we farm (most) animals in this country), it can also introduce a greater fairness between players in the market. If I had a restaurant, I'd rather it be judged by how good the food was than by how I voted in the last election. Considering how polarized political discourse is these days, it's a relief to find a sphere where people can have the expectation of apolitical interaction.
In short, the state doesn't owe Arizona business owners a carve-out to the anti-discrimination laws. Rather, it's up to the business owner to find a business he or she can feel comfortable doing within the existing civil framework. No business owner is compelled by these civil laws into actions he or she deems immoral—it just may be that, in the case of the anti-gay-marriage wedding cake maker, the only way to avoid that action is to get out of the business altogether. If this doesn't strike you as fair, think of the lesbian waitress who serves a group of people who have just participated in a rally in favor of traditional marriage. If she can put aside her personal feelings and serve you like she does other customers, so can you.
That is—or should be—the American way.